In a case the district court found that an ALJ and fined the claimant not credible for failing to follow prescribe mental health treatment.  The court criticized the ALJ’s finding and rejected the medical complaints because mental illness is an unreported condition.  Cited Regennitter v Comm’r 166 F. 3d 1294, 1299-1300 (9^th Cir. 1999), “it is a questionable practice to chastise one with a mental impairment for the exercise of poor judgment in seeking rehabilitation.”

Cited: August 2011 NOSSCR vol. 33 no. 8